LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 



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PRICE, TZEZDsT CElsTTS. 



CIVIL GOVERNMENT 



IN IOWfl. 



BY PRINCIPKL J. MflCY. 




CIVIL GOVERNMENT 



IN 



IOWA. 



AN OUTLT NE 



FOR USE IN COMMON SCHOOLS. 






BY PRINCIPAL J. MACY. 






GRINNELL, IOWA : 
CRAVATH & SHAW, PUBLISHERS. 

1881. 



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-s*~* 



Copyright, 1881, by J. Macy, 



STEREOTYPED AND PRINTED BY CRAVATH & SHAW, 
HERALD OFFICE. 



Preface. 



The way to understand animals is to study animals. Not 
pictures of animals, not descriptions of animals, not theories 
about animals, but real, live, flesh and blood animals should be 
first studied by those who would be most accurate and thor- 
ough in their knowledge of them. Afterwards, this knowl- 
edge may be extended by pictures and descriptions, and, in the 
end, well defined theories may be reached. 

The way to understand civil government is to study civil 
government. Not descriptions of government, not histories of 
government, not theories of government, but the real, homely 
facts of government should be first studied. Afterwards the 
fundamental laws of government and correct theories of gov- 
ernment may be learned. 

The following Outline is arranged on the plan of presenting 
first that which is nearest and most easily learned in civil gov- 
ernment, and afterwards that which is more remote. It has 
been prepared in compliance with a request from some of the 
superintendents and teachers of the .State. It is designed es- 
pecially for the assistance of teachers in giving oral instruc- 
tion in civil government. Until something better is prepared, 
this Outline may be found of use in the hands of the more ad- 
vanced pupils in public schools. 

Instruction in civil government should begin with the first 
lessons in local geography. The civil township is not simply a 
piece of land, it is a government. In teaching the geography 
of the civil township, at least enough of the facts of township 
government should be presented to give a reason for the ex- 
istence of the township. The same is true of every political 
division. 

To understand United States History, a more extended and 
accurate knowledge of the facts of government is necessary. 
Without this, such topics as the charters of liberty, taxation 
without representation, and the Declaration of Independence 
are not understood. But this branch of instruction is not put 
into our schools for the sake of giving meaning to geography 
and history. It has a use of its own which is coming to be 
widely recognized. 

I have been greatly aided in preparing this Outline by the 
Hon. E. M. Haines. 

Iowa College, April, 1881. 



(4) 



TOWNSHIP GOVERNMENT. 



OFFICERS. NUMBER. 


DUTIES. 


1 


School Officers. 3 or more. 


Hire teachers. Build and repair school 
houses. Decide amount of funds for school 
purposes to be raised. 


2 


koad Supervisors 


One Collect road taxes. Repair roads, and 
for each require able-bodied citizens to labor on 
Road Dist.jthe highway. 


3 


Trustees. 


3 


Hold elections. Care for poor. Equalize 
assessments. Divide the Township into 
road districts. Determine the amount of 
road tax, and act as Fence Viewers. 



Keeps records of Board of Trustees Has 
charge of money and property of Township, 
and acts as Clerk of Elections. 



Clerk. 



ASSESSOR 



Assesses all taxable property in Town- 
ship, not included in Incorporated Town oi 
City. 



Justice of Peace. 



2 or more. 



Acts as Peace Officer, and as Judge in 
minor cases, civil and criminal Holds pre- 
liminary examinations in cases of more se- 
rious crime. 



Constable. 



2 or more. 



Ministerial officer of Justice's Court. 



GOVERNMENT OF INCORPORATED TOWN. 



OFFICERS. 


NUMBER. 


DUTIES. 


1 


Mayor. 


1 


Presides at meetings of Town Council. 
Sits as a court to enforce town ordinances. 


2 


Recorder. 


1 


Clerk of Council. Signs orders on Treas- 
urer for payment of money, as directed by 
the Council 


3 


Trustees. 

(With Mayor & Re- 
corder forming the 
City Council.) 


6 


Make all laws or ordinances for govern- 
ment of town. Have charge of streets and 
sidewalks. Act as Board of Health for the 
town, and as a Board to equalize Assess- 
ments in the town. 


4 


Treasurer. 


1 


Keeps all money of the town, and pays 
out money on orders signed by the Re- 
corder. 


5 


Marshal. l 


Ministerial officer of Town Government. 
Executes orders of Mayor. 


6 


Assessor. 


1 


Assesses the taxable property within the 
town. 



(5) 



COUNTY GOVERNMENT. 



OFFICERS. 


number. 


DUTIES. 


1 


Supervisors. 


3 to 7. 


Levy taxes. Examine and allow claims 
against the County. Have charge of all 
County property. Locate roads and build 
bridges. Have oversight of County officers . 
Canvass election returns. Equalize assess- 
ments between Townships. 


2 


Auditor. 




Clerk of Board of Supervisors. Keeps 
records of money due County and money 
paid out by County. Issues orders upon 
Treasurer for payment of money. Has 
charge of school fund. 


3 


Treasurer. 




Collects all taxes. Pays out money on 
orders signed by Auditor. 


4 


Recorder. 




Records all deeds, mortgages, etc. 


5 


Surveyor. 




Surveys real estate. 


6 


Sheriff. 




Ministerial officer of District and Circuit 
Courts. Has care of prisoners. 


7 


Coroner. 




. Holds inquests. Acts as Sheriff. 


8 


Clerk. 




Keeps records of District and Circuit 
Courts. Appoints administrators and guard- 
ians. Keeps records of marriages, births, 
and deaths- 


9 


Superintendent. 




Examines teachers. Superintends schools 
in County. Hears cases of appeal from 
school boards. 



COURTS OF RECORD HELD IN THE COUNTY. 



CIBCTJIT COXTET. 



OFFICERS. NUMBER. 


DUTIES. 


1 


Circuit Judge. 


1 


Has exclusive jurisdiction in all matters 
of probate of wills, administration of es- 
tates, and matters of guardianship ; and of 
appeal in civil cases from inferior courts. 
Has general jurisdiction in all other cases, 
except criminal cases 


2 


Clerk. 


l 


Records all proceedings of the Court, and 
issues all executions and writs. 


3 


Sheriff. 


l 


Executes all orders of the Court, issued 
by the Clerk, and serves all writs. 


4 


Petit Jury. 


12 


Hears evidence, and decides questions 
of fact between litigants. 



(6) 



Dismaicx 1 cottier a?. 



OFFICERS. 


number. 


DUTIES. 


■ 


District Judge. 


i 


Has exclusive jurisdiction of criminal 
cases presented by the Grand Jury, and of 
all appeals of criminal cases from inferior 
courts. Has general jurisdiction of all 
other cases, except those given to Circuit 
Court. 


2 


Dist. Attorney. 


1 


Acts as Attorney in prosecution of crimi- 
nals. 


3 


Grand Jury. 


15 


Investigates crimes. Finds indictments 
against criminals. 


4 


Clerk. 




• 


5 


Sheriff. 




L Same duties as in Circuit Court. 


6 


Petit Jury. 




J 



STATE GOVERNMENT. 



LEGISLATIVE DEPABTMENT. 



OFFICERS. 


number. 


DUTIES. 


1 


Senate. 


50 


1 

Make Laws. 
! (The Senate and House of Repre- 


2 


House. 


100 


sentatives constitute the General As- 
sembly.) 

J 



EXECT7TIVE DEPAETME1TT 



1 


Governor. 


1 


Recommends legislation. Signs or vetoes 
bills passed by Legislature. Supervises 
State institutions. Grants pardons and re- 
prieves. Makes appointments to office. 


2 


Lieut. -Governor 


l 


Presides over Senate. Becomes Governor 
in case of vacancy in that office. 


3 


Secretary of 
State. 


l 


Has charge of all records of laws, consti- 
tutions, and other State papers deposited 
in his office. Signs and registers all com- 
missions issued by Governor. Reports to 
General Assembly criminal returns from 
District Courts. Keeps record of acts of 
incorporation of cities and towns. 


4 


Auditor. 


l 


Keeps all accounts of money due the 
State, and paid out by the State. Issues 
orders to Treasurer for payment of money. 
Has supervision of Insurance Companies 
and Savings Banks. 



(7) 



STATE GOVERNMENT.— Executive Dep't Continued. 



OFFICERS. 


number. 


DUTIES. 


5 


Treasurer. 


1 


Keeps the money of the State, and pays 
it out, as ordered by Auditor. 


6 


Register 
of Land Office. 


l 


Keeps record of iand owned by the State. 
(The duties of this office will be performed 
by the Secretary of State after March, 1883.) 


i Superintendent 
7 1 of Public 
Instruction. 


1 


Has supervision of Public Schools. Col- 
lects educational information, and reports 
to the General Assembly. Hears cases of 
appeal from County Superintendents. 



J-CTDICI^-L ID B jF -A. S3, 1 IL£ E 3iT I - 



1 


Judges of 
Supreme Court. 


5 


Highest Court in the State. Hears cases 
appealed from lower Courts. 


2 


Clerk. 


1 


Keeps records of all proceedings of the 
Court. 


3 


Attorney 
General. 


1 


Appears on behalf of the State in Su- 
preme Court. Gives legal advice to State 
officers. 


4 


Reporter. 


1 


Prepares for publication the decisions of 
Supreme Court. 



OBJECTS OF GOVERNMENT. 



1 . JL TO t6Ctl07l.\ property. 



II. Care of Unfortunate. 



Poor. 

Insane. 

Blind. 

Deaf and Dumb. 

Juvenile Criminals. 



III. Education. 



{ Common Schools. 
Normal Schools. 
Industrial Schools. 
Universities. 
Military Schools. 



17. Public Improvement {%%^Wgf* ien & 



and 



J Drainage. [Harbors. 

* Public Buildings. 



General Welfare. { S3S£SK 



SUPPORT OF GOVERNMENT. 



T. TAXATION. 



II. PERSONAL SERVICE. 



CIVIL GOVERNMENT IN IOWS. 

Chapter I. 

OFFICERS AND THEIR DUTIES. 



SECTION I.— GOVERNMENT WITHIN THE TOWNSHIP. 

Local government in Iowa is largely entrusted to towns, 
townships, and school districts. These three local governments 
are separate and distinct. Two of them, the township and 
school government, affect all the people in the state. The 
other, the town or city government, affects only the people who 
live within the limits of incorporated towns or cities. 

In the preceding Outline the school government is placed 
under the head of township government. Local school gov- 
ernment is limited, as to boundary, to the civil township, but 
is otherwise quite distinct from it. 

The township may be subdivided for school purposes in 
two ways. First, the entire township may be divided into 
sub-districts, each of suitable size for a school. Each sub- 
district elects a director, and all the directors of the township 
constitute a school board for the management of the schools 
of the township. Under this system, each director besides be- 
ing a member of the school board, has special duties in his 
own sub-district. Second, the township may be divided into 
independent school districts. In this case each district elects 
at least three persons, who constitute a school board and have 
entire charge of school matters in the district. Again, a town- 
ship may be organized under the first, or sub-district system 
in the main, but may contain a village or town which is an 
independent school district. 

In teaching school government, the particular system in use 
where the school is taught should be made the basis of instruc- 
tion. Whatever may be the form of government, the things 
done by local school officers are the same. 



(9) 



In preparing oral lessons from the Outline a distinction 
should be made between the officers and their number, and the 
duties of these officers. The lists of officers and the number of 
them either are or may be made definite and complete. The 
statement of the duties of these officers is not complete. All 
the details of official duty cannot be put into an Outline. Only 
the more important duties are given, and these are given in 
brief, suggestive terms. The lists of officers and their number 
are to be memorized. The duties of these officers are not to be 
simply memorized, they are to be understood. 

The first lesson in township government may be made one of 
simple memory embracing a list of the seven officers, and the 
number of persons who fill each office. Interest may be awaken- 
ed in this work of memorizing by sending the pupils out with 
the list to find these persons. These officers are some of them 
parents of pupils in the school, others are relatives, all are 
neighbors, and nearly all are personally known. 

How did these persons become officers? When did they be- 
come such? How long do they serve? Do they receive 
pay ? If so, how are they paid ? To questions of this kind 
pupils can readily find correct answers. 

What do these officers do ? A partial answer to this ques- 
tion is found in the Outline under the head of "Duties." A 
complete answer in detail cannot be taught to young and in- 
experienced pupils. The teacher must decide as to how much 
of detail shall be attempted, always remembering that a little 
thoroughly understood is worth more than any amount of 
memorizing of unmeaning words and phrases. 

What does a farmer do ? Any country boy could write down 
twenty correct answers to this question; and yet he would 
know that he had not named all the things that a farmer does. 
How does a country boy know what a farmer does? He 
sees him at work. He hears him tell what he does. He sees 
the products of his labor. In many w T ays the knowledge comes 
to him. 

One of the duties of school officers is to visit the schools under 
their charge. This duty is often neglected ; this occurs, in part, 
because the officers see no real good to be accomplished by it. 
The teacher should furnish a tangible object. Let the officer 
be invited to the school at a fixed time to give an account of 
the school government. If he is a sub-director, let him state 
just what he has done as director. This school officer is a 



(10) 



member of the school board. Let him state the things which 
the board has done and is accustomed to do. This officer may 
be president, secretary or treasurer of the school board ; at any 
rate he can give the duties of these officers. 

The house in which the school is taught is a product of the 
school government. When was it built ? Who decided to build 
it? How much did it cost? How was the money raised? 

The secretary of the school board has a book, or books, which 
contain a record of all the acts of the school board since 
the district was organized. These books belong to the public. 
They may be brought into the school and any act of interest 
read and explained. In this way the pupils may learn from 
the school government itself, and by direct observation of the 
products of the school government, what the school govern- 
ment does. 

The teacher, school, and school house are seen. They should 
be seen as products of school government. Other things and 
acts are seen,— such as roads and work upon them, elections, 
aiding the poor, assessing property, the arrest and trial of crim- 
inals. These should be understood as acts or products of town- 
ship government. If properly presented they may be as thor- 
oughly understood as the acts of a farmer or merchant. Of 
the other acts of the township government which may not be 
matters of direct personal observation, a record may usually 
be found in the hands of the clerk of the township or the 
justices of peace. 

After the pupils understand all the duties of township offi- 
cers which the teacher thinks best to teach, these may be 
summed up and memorized. If that part of the Outline 
given under the head of "Duties" corresponds to the facts 
learned, and if the language is suited to the understanding of 
the student, it may be learned just as it is. 

But, perhaps, a pupil learns that a certain justice has per- 
formed the marriage ceremony. He would be disappointed if 
he should not see that among the "duties" of the justice of the 
peace. The assessor's son is greatly disgusted with the bare 
statement "assesses all taxable property in township." The 
assessor makes out a census roll, enrolls the militia, sits up of 
nights and figures up the results, makes an extra copy, and 
does several other things. The teacher should allow the pupil 
to make the outline to suit himself so long as he keeps within 
the bounds of truth. But the outline of duties to be remem- 



(11) 

bered by the entire class should be confined to the more impor- 
tant ones, and should be put in plain, brief terms. 

As nearly as possible, the same plan as here outlined for 
school officers should be followed in learning the duties of the 
other officers in the township. The road supervisor, trustees, 
clerk, assessor, justices of peace, and constables are all of them 
near at hand. They may be reached through pupils designated 
for the purpose, or through the teacher. Learn from them the 
actual facts as to what they do. 

In preparing lessons for oral instruction, the teacher should 
make free use of the Code of Iowa, a copy of which should be 
in every school. White's Manual of Iowa contains some facts 
which may be of use. But no information derived from such 
sources should be allowed to take the place of the direct study 
and observation of the government itself. 

In the country schools, better results will generally be se- 
cured by passing from the township government directly to 
the county government, omitting entirely town govern- 
ment. But where the school is located in a town or city the 
study of the town government should be made of first impor- 
tance. It should be taken up immediately after the school 
government and taught in the same manner. 

The government of a town, to the people living in town, is of 
much more consequence than the government of the township 
is to them. The town government may do for the town near- 
ly every thing that the township does where there is no town 
government, except to hold the general elections; and a town 
government is accustomed to do many things which a town- 
ship government does not do. The township government, 
however, should be thoroughly studied by pupils living in town, 
because a knowledge of it is necessary to the understanding of 
county govenment. 

There are three kinds of town government in Iowa; an in- 
corporated town, where the population is less than two thou- 
sand; a city of the second class, where the population is more 
than two thousand and less than fifteen thousand; a city of 
the first class, where the population is fifteen thousand or more. 
There are also cities governed by special charters. The Out- 
line is arranged for an incorporated town. It can easily be 
changed to suit a city of first or second class. It is impossible 
for teachers to attach too much importance to the thorough un- 
derstanding of local home government. Successful teaching 



(12) 



here almost insures success in securing a fair political educa- 
tion. To the people living in Iowa the administration of 
government in town and township costs more, does more, and 
is of more immediate concern to all classes than all other gov- 
ernment in the state and nation. 

SECTION II.— COUNTY GOVERNMENT. 

Except where the school is at or near the county seat, it is 
not possible to study the county government in the same di- 
rect and personal way as the government in the township. 
But, if the government within the township has been thor- 
oughly mastered, the government in the county may be made 
none the less real. Many of the acts of county government 
are closely connected with the government in the township. 
School officers in town and township determine the amount of 
money necessary for the support of their schools; the county 
supervisors levy the taxes to raise this money; the county 
treasurer collects the taxes and pays it over to the school 
treasurers. The local school governments hire teachers; but 
they can only hire persons to whom the county superintendent 
has granted certificates. 

The county superintendent has general supervision of all 
the schools in the county. He assists teachers in doing their 
work by visiting schools and suggesting methods of improve- 
ment. He provides for the instruction of teachers in their 
professional work. Where persons feel aggrieved by the de- 
cisions, or orders, of the local school board they may appeal 
the case to the county superintendent, and he may affirm or 
reverse the action of the school board. 

The trustees of the civil tow T nship divide the township into 
districts for road purposes. The road supervisors in each dis- 
trict collect road taxes, and require the able-bodied men in the 
district, not over forty-five years old, to' work on the roads two 
days in each year or pay an equivalent in money. But the 
roads are located by the county supervisors, and bridges of 
over twenty feet in length are built by the county. 

The trustees hold the general election, which occurs in Oc- 
tober or November of each year. They count the votes for 
each officer and declare the result for the township officers. 
But, for the other officers voted for, they send the result to the 
county, auditor and the county supervisors canvass the returns 
from all the townships in the county, declare the result for 



(13) 



county officers, and send the vote for other officers to the state 
canvassers. 

The trustees give aid to the poor in the township who need 
temporary help. The bills are allowed by county supervisors 
and paid by the county. For the poor of the county who need 
permanent help, the county provides a poor-house and farm 
and furnishes them a home. 

The assessor makes out a list of tax-payers and taxable 
property and affixes a value to the taxable property. The trus- 
tees revise this list so as to make the burden of taxation just 
and equal between the tax-payers. A copy of the revised list 
from each township in the county is sent to the supervisors 
and they revise the lists so as to equalize the burden of taxa- 
tion between the townships. 

The sheriff's duties in district and circuit courts are similar 
to the duties of a constable in justice's court. One who un- 
derstands what the justice's court does, can readily understand 
what the district and circuit courts do. From these facts it is 
apparent that a large part of the government in the county is 
to supplement the government in the township. 

The county government is peculiar in this; it is the govern- 
ment for the keeping of things of value to the people. One of 
these valuable things is money. With the exception of a little 
money collected by the road supervisors and town officers, all 
the money collected from all sources for the support of gov- 
ernment in town, township, county and state goes into the 
county treasury. The county treasurer receives and becomes 
responsible for this money. It is for the interest of all tax- 
payers that this money be safely kept and used only as direct- 
ed by law. To this end a safe place is provided. The treas- 
urer is required to give bond to secure the government against 
loss. The treasurer is also required to keep a record of all 
money received and paid out by him. 

The auditor of the county is the clerk of the board of super- 
visors. The supervisors are the business managers for the 
county. They hold annually four regular meetings, beginning 
on the first Monday of January, April, June, and September. 
A large part of the business of these meetings is to hear and 
allow claims against the county: At one of these meetings 
they enter an account of all the money which has been deter- 
mined upon by officers in the towns, townships and school dis- 
tricts in the county, for the support of these local governments. 



(14) 

They also enter an account of the money ordered by the state 
to be raised in the county, and they make an estimate of the 
money necessary to be raised for county purposes. Ihey then 
levy a sufficient tax to meet all these expenses. The county 
and state taxes are levied upon the entire county alike. The 
taxes to be collected for towns, townships and school districts 
of the county, are levied upon the respective towns, townships 
and school districts. 

The auditor, as clerk of the board of supervisors, has an ac- 
count of all the money to be collected by the county. He has 
also the revised assessors' books from all towns and townships 
in the county. From these he estimates the amount of tax to 
be paid by each tax-payer in the county. A copy of this esti- 
mate he gives to the treasurer, to be followed by him in col- 
lecting the taxes. 

From these facts, it appears that the county has two distinct 
officers who keep a complete record of all money received and 
paid out by the county. These records are open to inspection. 
The supervisors are required to publish their proceedings so 
that every tax-payer in the county, without the inconvenience 
of examining records, may know just what is done with the 
county funds. All this is done to secure the people against 
loss. 

Besides the valuable records kept by the treasurer and audi- 
tor, the county government keeps a complete record of all 
deeds and mortgages transferring or affecting the title to all 
lands in the county. In consequence of changes by death and 
other causes, experience has shown that it often becomes im- 
possible to decide to whom the land rightly belongs, unless a 
careful public record is kept giving the entire history of the 
title. The county recorder keeps this record. 

We have seen that in every township in the county there are 
two or more justice courts. These courts often give decisions 
that one person shall pay to another person a certain sum of 
money. This sum is usually less than one hundred dollars, 
never more than three hundred. It often happens that the 
person against whom this judgment is rendered will not pay 
the money, and has not in his possession property which can 
be seized for payment. But, if at some future time the person 
who owes the money shall acquire property, it may be seized 
to pay the debt. The judgment against him is therefore a rec- 
ord of value to the creditor, and he may require the justice to 



(15) 

send a copy of this judgment to the county clerk, to be entered 
upon his records. 

The county clerk keeps also a record of the proceedings of 
the district and circuit courts held in the county. Many of 
these proceedings affect or change the title to real estate. The 
recorder's books may show that a piece of land belongs to John 
Smith and that he has a clear title. Yet the clerk's books may 
show that there are judgments and costs against John Smith 
for which the land is liable to be seized. Or the clerk's books 
may show that a former owner of a piece of land is dead and 
the land is in the hands of heirs. 

For the safe keeping of the county treasury and the valuable 
records of the county, the county provides a building with 
rooms for the various officers and a large room to be used for 
holding courts. The county also provides a jail for the safe 
keeping of criminals and persons charged with crime. 

SECTION III.— COURTS OF RECORD HELD IN THE COUNTY. 

The entire state of Iowa is separated into fourteen judicial 
divisions, and each division elects two judges. One is called 
a district judge and the other is called a circuit judge. There 
are several counties in each judicial division, and each judge 
is required to hold court at least twice each year in each coun- 
ty. There are therefore four sittings of these courts in each 
county each year. 

The district and circuit courts are of the same grade, and in 
ordinary civil cases the person who brings suit may take his 
choice of courts. But if it is a case appealed from an inferior 
court, it must be taken to the circuit court, if it is a civil case, 
and to the district court, if it is a criminal case. All probate 
business and matters of administration and guardianship must 
be taken to the circuit court; all criminal cases to the district 
court. 

JURIES. 

The trial of a criminal case in the district court costs the 
county a large sum of money. It is also a matter of great ex- 
pense and annoyance to the person who is tried. If the person 
is not guilty, it is better for all concerned that he should not be 
tried. If he is guilty, it is for the best interests of society that 
all possible evidence shall be secured against him before the 
trial. If he is acquitted, he can not be tried again for the same 



(16) 



crime, no matter how much evidence against him may be dis- 
covered after the trial. 

The grand jury is a body of fifteen men, whose duty it is to 
examine all evidence of crime against individuals, and if 
twelve of them believe that the evidence against any one is 
sufficient to convict him of a crime, it is their duty to write 
definite charges against the supposed criminal, and he is 
brought before the district court for trial upon these charges. 
It is the duty of the district attorney to give the grand jury 
legal advice and to assist them in making out bills of indict- 
ment. The district attorney is also the legal adviser of county 
officers. 

In the trial of a criminal before the district court, a petit 
jury of twelve men is impanneled, who hear all the evidence, 
the arguments of attorneys and the instructions of the court; 
and then, without communication with, or influence from any 
person outside of their own numbers, they decide whether the 
person is guilty or not guilty. This decision must be unani- 
mous. If they can not agree the case may be tried again. A 
petit jury may be impanneled in the trial of all cases in the 
district and circuit courts, and in the inferior courts of the 
state. In all except criminal cases, if both parties to the suit 
desire to leave the decision to the judge, the jury may be dis- 
pensed with. In the justice's court a petit jury consists of six 
persons. 

SECTION IV.— STATE GOVERNMENT. 

The government in towns, townships, and counties of the 
state is administered in accordance with state laws. The offi- 
cers are all elected or chosen as the statutes of the state direct, 
and their duties are defined by these statutes. The body whose 
duty it is to make all general laws for the government of the 
state is the General Assembly or State Legislature. It is com- 
posed of two houses,— a Senate, containing fifty members, and 
a House of Eepresentatives containing one hundred members. 
Senators are elected for four years and representatives for two 
years. The legislature meets in January of each alternate 
year. 

The Governor of the state assists the legislature in making 
laws. He collects information upon the condition and needs 
of all departments of government in the state, and recommends 
to the general assembly such legislation as, in his judgment, 
the best interests of the state demand. When a majority of 



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all the members elected to each house of the general assembly 
have voted for a bill, it is presented to the governor for his sig- 
nature. If he signs it, the bill becomes a law of the state. If 
he objects to it and sends it back to the house in which it 
originated, it does not become a law unless it receives the vote 
of two-thirds of all the members of each house. 

The governor is called the highest executive officer in the 
state, yet he ordinarily has little to do with the execution of 
state laws. The laws are enforced by town, township and 
county officers, and by the courts of record held in the coun- 
ties. If any of these officers are resisted and are unable to en- 
force the laws, they may call upon the governor for assistance. 
[n that case it would be the duty of the governor to call out a 
sufficient force of the state militia to enforce the laws. 

It will be seen by an examination of the Outline, that the 
duties of the other so-called executive officers of the state gov- 
ernment are similar to duties performed by corresponding of- 
ficers in the county government. 

The Secretary of State has charge of valuable records and 
state papers. The Auditor is the active business manager and 
financial agent of the state. The duties of the State Treasurer 
are entirely similar to the duties of the county treasurer. The 
Register of state land office keeps a complete record of title 
to all lands now owned by the state; and of the lands that 
were formerly owned by the state he keeps a record of the 
title up to the time that they passed into other hands. After 
this, the record is found in the offices of the various county re- 
corders. After March, 1883, the office of Register is to be dis- 
continued, and its duties are to be performed by the Secretary 
of State. 

The Superintendent of Public Instruction is the highest 
school officer of the state. He has general supervision of the 
educational work of the state. He receives reports of school 
statistics through the county superintendents of the various 
counties of the state. He makes a report to the general as- 
sembly, embracing such educational statistics as he has com- 
piled and such information and recommendations as he deems 
important. He is the court of final resort in cases appealed 
from decisions of county superintendents. 

The Supreme Court is the only court of the state in which 
more than one judge is required to constitute the court. In 
the supreme court there are five judges. They are elected for 



(18) • 

six years, and their terms of office are so arranged that they 
expire at different times. The judge who has been in office 
longest is the Chief Justice and presides at sittings of the 
court. Two terms of this court are held each year in each of 
the four cities of Des Moines, Davenport, Dubuque, and Coun- 
cil Bluffs. Almost the entire business of the court is to hear 
and decide cases appealed from the circuit and district courts 
of the state. 



Chapter II. 

LOCAL GEOGRAPHY AND CIVIL GOVERNMENT 



Among savages government is not usually limited by geo- 
graphical lines. Who are subjects of government, is deter- 
mined by personal relations as members of families or tribes. 
Among civilized people government is limited to particular lo- 
calities, and all who come within a given territory are subject 
to its government. 

Before there was a state of Iowa, the Congress of the United 
States provided for a survey of all the land now contained in 
the state, into squares of six miles each. These squares were 
called townships. Each square was sub-divided into thirty-six 
smaller squares of one mile each. These smaller squares were 
called sections. To preserve these lines, mounds were thrown 
up at the corners of each square, trees were marked, and stones 
or stakes were set. This was all done for the purpose of locat- 
ing and describing the land as it was sold to individuals. 

When the people who came into the territory to live, began 
to form a government, the same lines which were used for lo- 
cating their farms, were also used for limiting local govern- 
ment. The lines of most of the counties of the state follow the 
congressional township lines. Hence, the county is generally 
composed of squares of six miles each. Sixteen of these usual- 
ly form a county. These squares, as the counties became set- 
tled, were usually taken as the limits of the civil township, so 
that the old congressional township has, in most cases, become 
a civil township. The sub-divisions of the civil township, for 



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road and school purposes, usually follow the section lines of 
the congressional survey. The school sub-districts and the 
road districts are generally each four miles square. Nine of 
these make up the civil township. There is no law or reason 
for these various divisions of local government except the law 
of convenience. If a river, or any other cause, makes other di- 
visions more convenient they are made. 

According to modern methods, instruction in geography be- 
gins with direct personal observation. The school-house yard 
and the adjoining lots or farms are observed and the uses of 
these divisions of land are seen at the same time. These ob- 
servations are extended by drawing a map of the incorporated 
town or city, or the school district. The uses of these wider di- 
visions of land may not be seen unless they are pointed out. 

A town, as we often use the word in Iowa, means nothing 
more than a collection of dwellings and other houses. Such a 
town as this has no definite limits. A limit is fixed for a town 
only when a town government is organized. The boundary 
line is to limit the jurisdiction of the town or city government. 

Where large numbers live near each other they may wish to 
have a government that will do more work on the streets and 
side-walks than the township government will do. They may 
wish to make special provisions against fires; to provide 
against disease, by removing filth and making sewers; to pro- 
vide for peace and order, by a police and night watch ; to light 
the streets and furnish a general water supply ; to abolish or 
control saloons. These are among th'e things which may be 
done by a town or city government, and all these things are 
paid for by taxes, levied upon property within the town limits. 
When a pupil draws his first map of an incorporated town or 
city, it is not necessary to teach him every thing which a city 
government may do. Yet, to teach him the geographical limits 
and leave upon his mind the impression that the line is drawn 
where it is just to keep the houses in their place, is not ration- 
al teaching. Enough of the facts of the town government 
should be taught to give a definite meaning to the boundary. 
For the purpose of giving a meaning to a geographical divis- 
ion, one clearly defined fact of government may be sufficient. 

It is however a matter of special interest to the student of 
civil government to observe the mutual adaptations of govern- 
ment to place and of place to government. 

Two miles square is usually a convenient size for a school 



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district. If for any reason the size should be different, the 
school board can make it so. Where large numbers live near 
together, and wish to have more and better school accommoda- 
tions than the township school board furnishes, they can form 
an independent district, vote upon themselves extra taxes and 
supply themselves with such houses, teachers and apparatus 
as they wish. 

Six miles square is usually a convenient limit for a voting 
precinct. A county is too large. A smaller limit in rural dis- 
tricts would cause unnecessary expense. But in cities where 
voters are numerous they may wish to make the civil township 
smaller. In that case the city limits may be made the bounda- 
ry of the civil township, and if necessary, more than one voting 
place is provided. 

From sickness, accident or other causes, persons may be 
brought to sudden and extreme want. If the supply of such 
temporary need were left to the county government, the offi- 
cers might be twenty miles away. But being placed, as it is, 
in the hands of three men within the township, the means of 
relief are near at hand. One poor house and farm is sufficient 
to supply all who need permanent aid in the county. 

Local management of roads is put into the hands of the 
townships, because it naturally belongs there. The roads are 
kept in repair by the personal labor of able-bodied citizens. 
They work upon the roads near them. Highways are often ob- 
structed and great urgency is demanded in removing obstruct 
tions. The supervisor should be near. But in building bridges 
which require mechanical skill the county is called upon. It 
would often be unjust to require a township to build an ex- 
pensive bridge, since it would generally be used more by oth- 
ers than by the people of the township. It is more just for the 
entire county to pay the cost of such bridges. 

Farmers are often brought suddenly into sore trial by large 
herds of cattle breaking over fences and destroying crops. 
They cannot agree as to where the blame rests, whether the 
fence is insufficient or the cattle unruly. If the fence-viewers 
were county officers it might be difficult to find them ; but be- 
ing township officers, the case may be conveniently settled. 
When farmers have a difficulty in determining the boundaries 
of their farms they appeal to the county surveyor. This busi- 
ness is not urgent. They can afford to wait until a skillful per- 
son can come and establish the corners of their farms. It 



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would be impossible to find a skillful surveyor in every town- 
ship, and the business in a township would not justify the pur- 
chase of instruments. 

An assessor can readily see all the tax-payers in a township 
and make out a list of taxable property. He is acquainted 
with most of the persons and has some knowledge of their finan- 
cial condition. If the assessor were a county officer the work 
would often be more than he could do, and he could be more 
easily avoided and deceived by persons who wished to defraud 
the government of tax dues. 

By having at least two justices and two constables in each 
township, the great majority of small cases at law are settled 
with little expense. These officers are always ready, in case of 
crime committed, to seize and hold the criminal. It is the jus- 
tice, more than any other officer, who is the real terror to the 
criminal. Go where you will, the justice is there. His court 
for the arrest of criminals is open every hour, day and night, 
the entire year. He speaks in the name of the state. He com- 
mands all constables, sheriffs and citizens in the county. If 
these are too weak, he calls upon the governor of the state and 
the governor must come to his aid with the militia of the state. 
The justice is called a county officer, though he is chosen by the 
township and must reside in the township where he is chosen. 

The county fills out and completes the work of governing, 
carried on in the township. One poor house, one jail, one house 
for the safe keeping of money and valuable records and for the 
holding of higher courts, is sufficient for a county. For each 
township to supply itself with these needful things would be 
too expensive. 

The state of Iowa contains ninety-nine counties. AH the 
government in the state that affects directly the great body of 
the people, is administered in town, township, and county. A 
few things of a more general character are furnished by the 
state at large. 

Towns, townships, and counties provide entirely for the poor 
of the state. The state provides for three other classes of un- 
fortunate persons. These are none of them so numerous, and 
all of them need special and peculiar treatment. They are the 
insane, blind, and deaf and dumb. 

For the care and treatment of the insane, there is a hospital 
at Mt. Pleasant and one at Independence. The feeble-minded 
children are cared for at Glen wood. 



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The school for the. training of the blind is located at Vinton ; 
the one for the deaf and dumb is at Council Bluffs. 

A Soldier's Orphan Home is maintained at Davenport. 

The state has the management of three important education- 
al institutions. One is an Agricultural College, located at 
Ames ; another is the State University, located at Iowa City ; 
and the third is the State Normal School, located at Cedar Falls. 
The University and the Agricultural College are supported 
largely from the proceeds of lands donated to the state for this 
purpose, by the United States government. 

The state institutions which have most intimate connection 
with the administration of government in the counties are the 
state's prisons and the reform schools. The prisons are located, 
one at Fort Madison, and the other at Anamosa. These insti- 
tutions are used to execute sentences to confinement at hard 
labor, pronounced against criminals by the district courts. 
For counties to execute these sentences would entail vast ex- 
pense. The state, by putting large numbers under one man- 
agement, makes the institutions, in large part, self-supporting. 

Boys and girls often commit crimes which the laws punish 
by commitment to state's prison. The state has, doubtless 
wisely, decided that these should have separate institutions 
and different treatment from other criminals. These institu- 
tions are called reform schools; and are located, the one for 
boys at Eldora, and the one for girls at Mitchell ville. 

From this geographical survey, it appears that those acts of 
government which are of most immediate concern to the mass- 
es of the people, are committed to towns, townships and schodl 
districts. A few needs of a more general nature are met by 
the county governments. A few others, still more general and 
expensive, are met by institutions furnished and maintained 
by the state at large. 



Chapter III. 

OBJECTS AND SUPPORT OF GOVERNMENT. 



What does government do for the people, and how is gov- 
ernment supported? A complete answer to this question 
would be difficult to give. In the outline, the "Objects of Gov- 



(23) 

eminent" are presented in four divisions: "Protection," "Care 
of Unfortunate," "Education," and "Public Improvement and 
General Welfare." "Support of Government" is by "Taxation" 
and by "Personal Service." 

"The "objects of government," as here presented, is not in- 
tended to embrace all possible objects of government, neither 
is it claimed that the division into these four heads is the 
most philosophical one possible. It is presented rather as a 
convenient summary of the ends of government, as experienced 
by the people of Iowa. 

Protection is secured in townships by trustees (as fence 
viewers and board for equalizing assessments), justices of 
peace, petit juries and constables ; in cities, by mayor's court, 
marshal, police, and by the city prison; in counties, by super- 
visors (as board for equalizing assessments), auditor, treasurer, 
recorder and clerk (as custodians of valuable records and 
money), coroner, sheriff, district and circuit courts, grand and 
petit juries, and by the county jail. In the state at large, pro- 
tection is furnished by the governor (as commander of state 
militia), secretary of state, auditor, treasurer and register (as 
custodians of money and valuable records), supreme court, and 
by the penitentiaries and reform schools. 

The Unfortunate are cared for in townships by trustees ; 
in county, by supervisors ; in state, by institutions maintained 
by the state. 

Education is provided for in towns and townships by 
school boards ; in counties, by superintendent ; in the state, by 
superintendent of public instruction, and by educational insti- 
tutions maintained by the state. 

Public Improvement and General Welfare are pro- 
vided for in townships by trustees and road supervisors; in 
towns, by the council ; in counties, by supervisors. The state 
legislature provides for the erection of buildings on a magnifi- 
cent scale. Township, county, state and national governments 
may appropriate money for various works considered of advan- 
tage to the public, such as railroads, canals, rivers and harbors. 
Many of the acts of government classified under "general 
welfare" are performed by the United States Government. 

Taxation is carried into effect by assessors, trustees, city 
councils, supervisors of county, auditor and treasurer, aided, it 
may be, by sheriff. 

Personal Service is required by the government to fill the 



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offices (sometimes without compensation), to work on the pub- 
lic highways, and to render police and military service. 

It is scarcely necessary to call attention to the intimate con- 
nection between the "duties" of officers and the "objects of 
government." A complete statement of all the objects of gov- 
ernment and all the means by which those objects are attained, 
would contain a complete statement of the duties of all officers. 
The phrase, "objects of government," as used here means sim- 
ply what government, as experienced by us, does for the people. 

What are the advantages derived from government? How 
much are they worth? How should we fare without them? 
Take away the public school, what would follow ? Take away 
the care of roads and streets, take away all town and town- 
ship government, what would be the consequences? Take 
away all protection to person and property, the enforcing of 
contracts, the collection of damages, the punishment of crim- 
inals. Let all these be discontinued, and what would follow? 
Remove from men's minds the notion of irresistible power 
connected with state and national government, what would 
follow ? 

If we were left without any government, a large proportion 
of the people would die from hunger, murder and suicide, and 
those who remained would, in time, become savages. A good 
government, such as we enjoy, is literally worth the life of the 
great body of its citizens. 

What do the people give for the support of government? 
A few dollars each year. There is nothing for which we pay 
so little and receive so much, and yet the feeling is quite prev- 
alent that the money paid for the support of government is so 
much paid out for which there is no return. Men have an 
impression that the government is indebted to them, and, when 
the opportunity presents, they recover from the public treasury 
all they can get. In making out bills against the government, 
the question is not, how much is justly due for the service ren- 
dered, but, how much can be obtained? Men, scrupulously 
honest in meeting all their obligations to individuals, do most 
unscrupulously defraud the government of taxes justly due. 
They steal from the public treasury, when they would not 
think of stealing from an individual. This, in large part, is 
due to the fact that there is no clear conception of what the 
government is and does. A man who should enter the houses 
of all the people living in a township or county and carry off 



(25) 

property, would be counted a thief, and, if caught, he would 
be relentlessly punished. A man who takes or retains money 
belonging to the county, does steal from all the tax-payers in 
the county. His crime against individuals is the same in sub- 
stance as that of the thief. But his crime is, in reality, much 
more serious than ordinary stealing. All citizens are depend- 
ent upon the government for protection against thieves, rob- 
bers and murderers, and he who steals from the government 
strikes a blow at the very means by which all property is 
owned and defended. 

A system of instruction which gives to the child a clear 
knowledge of what the government is and does, and impresses 
upon the child's mind the sense of obligation which this 
knowledge is fitted to give, will do much towards removing 
false impressions about the government, and correcting exist- 
ing abuses in the government. This instruction should begin 
in early childhood, because the controlling moral sentiments 
are early formed. 

What should be the object of government, or what is the 
proper sphere of government? This is a question of great 
importance, but its discussion leads naturally to the considera- 
tion of theories of government far beyond the scope of our 
present inquiry. There are, however, certain well-established 
facts about the proper sphere of government, which may be 
taught. A good government furnishes protection to its citi- 
zens, aud accomplishes for them a few other necessary or 
desirable things; yet the great majority of the wants of the 
people cannot be supplied by the government. The people 
must supply themselves with houses, clothing, food, and nearly 
all that ministers to the comfort and pleasure of body or mind. 
Government can give no property or money to the people. It 
is constantly taking money, and furnishing in return, not 
money, but protection, education, or some public convenience. 
Some of the greatest calamities that have ever come upon a 
people have been brought upon them by the government at- 
tempting to do something which it could not do. Govern- 
ments have attempted to furnish great masses of able-bodied 
citizens with bread. The attempt has failed, and caused wide- 
spread famine and starvation. Government cannot safely 
assume the support of those who are able to support them- 
selves. 

Governments have attempted to furnish all the people with 



(26) 



all the money they needed, by issuing paper bills and calling 
them money ; and this attempt has destroyed all just standards 
of value, enabled the shrewd and wealthy to gain possession 
of the property of the ignorant, brought ruin upon industry 
and commerce, and caused more suffering and death than is 
produced by dreaded famine, pestilence and war. A govern- 
ment in its sphere is a priceless blessing; a government out of 
its sphere may be the source of great calamity. In the man- 
agement of government the ignorant are to be feared equally 
with the vicious. 



Chapter IV. 

DEPARTMENTS OF GOVERNMENT. 



In the previous chapters, there has been a brief notice of the 
officers of government and their duties ; government, as related 
to local geography ; and what government does for the people, 
and what the people do for government. It is desirable now, 
to gain a comprehensive view of all government within the 
state. 

The work of governing has three quite distinct departments. 
First, it must be decided what the government will do, and 
how it will do it; that is, laws are made or adopted, and ways 
and means provided for carrying these laws into effect. This 
department of the work of governing belongs to what is 
cailed the Legislative Department. The actual doing of the 
things determined upon and provided for by the legislative de- 
partment, is left to what is called the Executive Department. 
All laws are not understood, and laws which are understood, 
are not obeyed; crimes are committed, rights are violated, 
grievances arise, disputes occur between citizens which they 
cannot settle. To interpret the law and apply it to particular 
cases, to determine the rights of litigants, and to enforce the 
law against criminals, courts are established. This part of the 
work of governing, belongs to what is called the Judicial De- 
partment. 

These three departments of government are, for the most 
part, in the hands of distinct officers ; but there are many ex- 



(27) 

ceptions to this rule. We have seen that the General Assem- 
bly, or state legislature, makes general laws for the state. It 
establishes all state institutions, and provides for their sup- 
port. It establishes, or provides for the establishment of, all 
governments of towns, townships, and school districts, and de- 
fines the duties of all officers in these various local govern- 
ments. But the state legislature puts into the hands of local 
boards, in counties, townships, school districts, and towns, 
some work which is of the nature of local legislation. The 
state legislature, by direct act, creates counties, but it puts in- 
to the hands of the board of supervisors, in the county, the 
work of organizing the county into civil townships. The leg- 
islature proyides for state institutions, by appropriating the 
money necessary for their support. It is the duty of the coun- 
ty supervisors to make the necessary provision for supporting 
the county government. The supervisors must provide for 
the poor and for the safe keeping of prisoners, but they are al- 
lowed large discretion as to the means which they shall use in 
doing this. 

The civil township is organized by the county supervisors, 
but the chief management of the affairs of the township is, by 
law, put into the hands of a board of trustees. The trustees 
are required to provide for the care of roads, by creating road 
districts. They provide for the election of road supervisors, 
and determine the amount of tax which shall be collected for 
road purposes. A law of the state forms every civil township 
now organized, or to be organized, into a school district. When 
a township is organized which has no school board, it is the 
duty of the trustees of the township to hold an election to 
choose a school board; and it is the duty of the school board, 
thus chosen, to make all needful regulations for establishing 
and maintaining schools for all children of school age, within 
the district. 

These three local boards vote taxes to be collected in the 
localities which they represent, and provide for the support of 
local institutions, just as the state legislature votes taxes and 
provides for the support of state institutions. But these local 
boards merely carry into effect the law ; their work is rather 
executive than legislative. The local boards in county, town- 
ship and school district do not, strictly speaking, make laws. 
But, with the town or city council, the case is different. The 
state law requires the town council to do certain things, such 



(28) 

as to hold elections for town officers and equalize assessments. 
So far, the council may be regarded an executive body. But, 
in respect to most of the acts of the town council, the state 
grants the privilege of action, but does not require action. 
The state law confers certain powers upon the town govern- 
ment. The town council is the representative body of the 
town government. It can make laws to the full extent of the 
powers granted by the state. The state creates counties, and 
confers upon the county few powers, but requires the county 
to do certain things. The same is true of the township and 
school district. These local governments are, for the most 
part, agents of the state. The town or city government is 
created, not by the state, but, under state laws, by a vote of 
the electors who live within the proposed limits. The election 
is held by commissioners appointed by the circuit court, in 
compliance with a petition from one-third of the electors. 
The town has many of the characteristics of an independent 
local government. 

In summing up the work of the legislative department in 
the state, we have, first, the state legislature, which makes 
general laws for the state, and establishes and provides for the 
support of state institutions ; second, local boards in counties, 
townships and school districts, which, in obedience to state 
law, establish local institutions and provide for the support of 
local government; third, town and city councils, which make 
local laws for the government of towns, and provide for the 
support of town government. The local boards of counties, 
townships and school districts are executive rather than legis- 
lative bodies. The town council is, in part, an executive, but 
is chiefly a legislative body. 

The work of the legislative department is but a small part 
of the work of governing. The state legislature holds a ses- 
sion of two or three months, once in two years. It is called 
the law-making body, yet it makes few laws. The great body 
of laws under which we live has existed for centuries. Our 
legislatures have adopted them. Only such slight changes 
and additions are made as increased experience and changing 
circumstances seem to demand. The state government is as 
often injured by too many statutes as by too few. The first 
state legislature put the business management of our county 
governments into the hands of three men, elected by the 
county; another legislature afterward put it into the hands of 



(29) 

one man ; another, still later, put the county management into 
the hands of a body of men, chosen, one by each township; 
again this was changed, and the board of three supervisors 
was established. Now, if this is really the best system, it 
would have been better for the state to have chosen legislators 
wise enough to let the first law alone. 

Law-making, from the very nature of the work, is limited. 
The work is all finished when the best possible laws are estab- 
lished; but, as we are never sure that we have the best, we 
keep constantly striving to get them. A city council soon 
enacts most of the ordinances essential to the city government, 
and the work of the council, after that, is to make slight addi- 
tions or changes to meet new demands. 

The work of executing the laws, on the other hand, does not 
diminish, it goes right on. The executive is the constantly 
working department of government. It i3 often called the 
government, because it is the part most seen. The great body 
of the officers of government belong to the executive depart- 
ment. The general legislative work of the state is performed 
by one hundred and fifty men, actively employed two or three 
months in each alternate year. This work is supplemented by 
local boards in counties, townships and school districts, and 
by city councils. The executive work of government in the 
state employs a great army of officers. There are seven thou- 
sand five hundred sub-directors. There are more than three 
thousand independent school districts. In each of these is a 
school board, consisting of from three to six persons. All 
together, for the administration of the school law in all the 
school districts of the state, there are not less than twenty-two 
thousand officers. The officers charged with the government 
of the civil townships of Poweshiek County number two hun- 
dred and fifty-five. This county is of average size, and little 
more than average population. At this rate, the civil town- 
ship officers for the entire state are twenty-five thousand. Add 
to the local school and township officers the officers for the 
government of towns, and the number cannot be less than 
fifty thousand. For the administration of county govern- 
ment, there are more than a thousand officers. The state ex- 
ecutive officers and the officers in charge of state institutions 
number less than a hundred. 

From these facts it appears that the greater part of the execu- 
tive work of the state is in the hands of local officers within 



(30) 



the limits of the civil township. These officers are nearly all 
chosen by the voters of the town, township and school district, 
in whose interest they administer the laws. The actual work 
of these officers is by no means so great as their number would 
indicate. Most of them spend only a small portion of their 
time in official service, and many of them receive no compensa- 
tion. The aggregate work of these officers, however, is great, 
much more than the executive work of county and state gov- 
ernment. 

There are a half-dozen officers in each county whose official 
duty requires their entire time, and some of them employ 
assistants. There are also a few state executive officers who 
are thus employed. The Governor is called the State Execu- 
tive, or the chief executive officer of the state; yet, ordinarily, 
he has almost nothing to do with administering the govern- 
ment of the state. His duties in connection with the making 
of laws are much more important. State laws are executed 
by counties, townships, towns and school districts. 

The legislative department has determined what shall be 
done by way of government, and executive officers have been 
chosen to do the things prescribed; but, if a particular execu- 
tive officer fails or refuses to perform his duty, government is 
thus far at an end, unless a remedy is provided. One remedy 
which the law provides in such a case is to bring the delin- 
quent before a court and compel him to do his duty, or punish 
him for refusing. Courts are thus used as a compelling force 
to the executive. But the greater part of the work of courts 
is to settle cases which arise between individuals in their 
ordinary business transactions. The law is not understood, 
or, if understood, it is not willingly observed by both parties; 
there is a disagreement as to facts, or, from some cause, one 
party is aggrieved, and he seeks relief by bringing the case 
before a court. The question as to the facts may be deter- 
mined by a jury who hear the testimony. The court declares 
the law in this case, and renders a decision according to law. 
When a crime is committed the state is the aggrieved party, 
and action is brought in the name of the state. 

Courts, in the objects which they accomplish, are closely 
allied to the executive work of governing, but in the means 
which they use in deciding cases, they are allied to the legisla- 
tive department. They interpret the law, add new meaning 
to the law, and, in effect, make new laws. It is impossible, in 



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written statutes, to provide for all the particulars and details 
which may arise in the administration of the law. The stat- 
utes are general in their terms; they embody principles of 
justice. The courts apply the law to particular cases. 

The decisions of higher courts have the force of law with 
lower courts. As these decisions multiply, the additions to 
the law from this source come to be of great importance. 

The legislative, executive and judicial work are not entirely 
in the hands of separate officers. The local boards in counties, 
townships and school districts, and the town council, have 
both legislative and executive functions. The mayor, as mem- 
ber of town council, has legislative duties; he is chief execu- 
tive officer of the town, and he may be the chief judicial officer 
of a town. The justice of peace has chiefly judicial duties, but 
he has some executive duties. 

There are acts of government which are not easily classified, 
and it is not wise to push this division into departments too 
far. Such a division is useful so fax as it is an aid to the under- 
standing of government. If it is carried out too minutely, it 
becomes a source of confusion. A court cannot perform its 
work without a ministerial officer to execute its processes. 
Does this officer belong to the executive or judicial department ? 
A justice of the peace is his own clerk, keeps his own records. 
The district and circuit courts have their records kept by the 
county clerk. To which department of government does the 
county clerk belong? These are fruitless questions. If you 
know what constables, sheriffs and marshals do, and what 
clerks of courts do, you have all that is essential. It is a mat- 
ter of little consequence where they are classified. It is only 
among the higher officers of government that this division 
into departments is of real importance. 



OUTLINE OF THE THREE DEPARTMENTS OF 
GOVERNMENT IN THE STATE. 



I. Legislative, 



General 
Assembly 



■\ 



Senate. 
House. 



Make general laws for 
the State, and provide 
for support of State in- 
stitutions. 



2. County Supervisors. 



3. Township Trustees. 



4. School Board. 



Establish local in- 
stitutions and provide 
for the support of lo- 
cal government. 



5. Town or City Council. 



Makes laws for gov- 
ernment of Town, and 
provides for support of 
Town government. 



II. Executive. 



l. State 



f Governor. 

Lieutenant-Governor. 

Secretary of State. 

Auditor. 

Treasurer. 

Register. 

Superintendent of Public In- 
struction. 

Officers in charge of State 
Institutions. 



2. County 



' Board of Supervisors. 

Auditor. 

Treasurer. 

Recorder. 
1 Sheriff. 

Coroner. 

Clerk. 
I Surveyor. 
I Superintendent. 



f Road Supervisors. 

Trustees. 
I Clerk. 
3. Township .... -5 Assessor. 

Justices. 
I Constables. 
I School Officers. 



4. Town or City. - 



Mayor. 

Recorder. 

Council. 

Treasurer. 

Assessor. 

Police. 



III. Judicial 



l. Supreme Court. 



2. Courts of Record. 



( District Court. 
I Circuit Court. 



3. Justice's, Mayor's, and Police Courts. 



Chapter V. 

THE STATE AND NATIONAL GOVERNMENT, 



There are other advantages of government which the people 
of Iowa enjoy in common with all the people in the United 
States. There are, altogether, thirty-eight states in the Union. 
Each state has a government which performs nearly the same 
acts as those performed by the state of Iowa. The govern- 
ment of a state is limited strictly to its own geographical 
boundaries. A man commits a crime and escapes from the 
state; the state has no power to bring him back. A law of the 
United States enables the state to do this. A debtor changes 
his residence beyond the limits of the state; the creditor can 
find no power in the state to bring him back. A law of the 
United States gives the creditor all the benefits of the courts 
in the state where the debtor is found, that the citizens of that 
state enjoy. If local prejudice prevents a litigant from anoth- 
er state from securing justice, he can bring his action in a 
United States court. 

A citizen traveling in a foreign country has no protection 
from his state government. The United States government 
has officers placed in all the leading cities frequented by Amer- 
ican travelers and traders, to look after their rights and inter- 
ests. Mr. Parsons, an American citizen, was recently murder- 
ed in Turkey. No one thought of asking in what state Mr. 
Parsons was born, or in what state he lived. It was the United 
States government which demanded of the Turkish govern- 
ment that the murderer of Mr. Parsons should be punished. 

Persons in the states communicate through the mails, with 
all parts of the world. This business is entirely in the hands 
of the national government. It is the part of the United States 
government with which we are most familiar. Postmasters 
and mail agents are everywhere seen, and the work which they 
perform brings them in contact with all the people. A post- 
office is located in every town and neighborhood, but the pos- 
tal service is not local, it is national and international ; it in- 
volves business transactions with all civilized nations. It be- 
longs, therefore, to the naticmal and not to state government. 

The United States government supplements the government 



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of the state, in that it enables the state to recover its escaped 
criminals; it enables the citizen of a state to enforce his claims 
against citizens of other states, and it assists the state, in case 
of rebellion or invasion, to protect its citizens and maintain 
order. The United States government keeps the peace be- 
tween the states. They have no dealings with each other ex- 
cept under United States law, or through United States offi- 
cials. The state government is limited to matters of local in- 
terest. The United States government is limited to matters of 
national interest. All dealing with foreign nations, all deal- 
ing between the states, and a few matters of common interest 
to the people in the nation, are attended to by the national 
government. N 

In addition to the postal service one of the greatest blessings 
secured to the people through national government, is free in- 
tercourse and commerce throughout all the states and terri- 
tories. Business and travel know no state lines. There is a 
common protection, a common administration of justice. All 
labor and all produce are free to find and enjoy the best mar- 
kets. In order to secure to all sections of the nation the full 
advantages of this free commercial intercourse, there is need 
of a common standard of value. This is secured by the United 
States government fixing upon a coin of a given weight and 
purity, as the standard of value, and forbidding to the states 
the right to coin money, or to make anything a legal tender ex- 
cept coin established by the national government. All civil- 
ized nations use gold or silver as a measure of value, but, as a 
matter of convenience, paper bills, promising to pay coin, have* 
come into general use in effecting exchanges. These bills have 
no value except as they enable the bearer to secure the coin of 
which they are the promise. Such bills have sometimes been 
issued by state banks, and at other times by national banks. 
But, to secure equal protection to all sections, it is necessary 
that such bills should be under the control of the national 
government. 

The form of the United States government is similar in 
many respects to the state government. It has a legislative 
department, called Congress, consisting of two houses ; Senate 
and House of Kepresentatives. The Senate has seventy-six 
members and the House two hundred and ninety-three. 

There is an executive department, of which the President is 
the head. This department is charged with the duty of carry- 



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ing into effect the laws of Congress in every part of the world. 

There is also a judicial department, which interprets the 
laws and assists the executive in carrying the laws into effect. 

We have seen in the state of Iowa that one hundred and fifty 
men are chosen to make the laws for the government of the 
state, and fifty thousand officers are chosen to carry the laws 
into effect. 

In the general government three hundred and sixty-nine 
men are chosen to make the laws, and more than sixty thou- 
and are selected to carry the laws into effect. 

In the state government, of the fifty thousand chosen to ad- 
minister the laws, the greater part spend only a small portion 
of their time in the work of their office, and many of them get 
no pay for what they do. In the United States government, 
the greater part of the sixty thousand chosen to execute the 
Taws, are expected to spend all their time in the service of gov- 
ernment, and ttiey are paid for their entire time. 

The filling of nearly all of the state executive offices, is put 
into the hands of the towns, townships, school districts and 
counties, and the officers are chosen by the votes of their neigh- 
bors, in whose behalf they administer the laws. 

One executive office of the United States is filled by an elec- 
tion. This is the Presidency. The other executive officers are 
appointed. There are more than sixty thousand of them. 
Their duties require that they shall be scattered in every part 
of the country, and many of them in other parts of the world. 
To secure the proper persons to fill all these offices, and to se- 
cure efficiency, economy and honesty in the work of all these 
officers, is an arduous task. This task is laid upon the Presi- 
dent. He either makes the appointments himself, or appoints 
other men who do this. The appointments to the chief offices 
are made by the President and confirmed by the Senate. 

Prom these facts it appears that there is a vast difference 
between the executive department of the state of Iowa and 
that of the United States government. 

The governor of the state has very little to do in the work of 
executing state law. Thfe President of the United States is 
made personally responsible for the doing of a work that re- 
quires the constant labor of more than sixty thousand persons. 
The work is of many kinds and in many places, and he must 
find his men and do the work. 

If the state of Iowa should abolish all township lines, all 



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county lines, and all city limits, and should make it the duty 
of the governor to find and appoint to office, all the persons 
necessary to carry all the laws of the state into effect, then the 
executive of the state would be similar to the United States 
executive. The United States executive is centralized and 
personal ; the state executive is decentralized and in the hands 
of local municipalities. 

The courts of Iowa and the courts of the United States have 
many points of similarity. The Supreme Court of Iowa has 
five judges, and hears appeals from district and circuit courts. 
The Supreme Court of the United States has a chief justice 
and eight associate judges. It has original jurisdiction in cases 
affecting ambassadors and states, and hears appeals from dis- 
trict and circuit courts of the United States. Iowa district 
and circuit courts number fourteen each. They have the same 
geographical limits, and, in ordinary cases, concurrent juris- 
diction. The circuit courts of the United States are nine in 
number, and the district courts are forty. They have concur- 
rent jurisdiction in some cases, but the circuit court is a higher 
court, and, in some cases, hears appeals from the district court; 
in other cases, the appeal from the district court is to the 
supreme court. 

There are United States commissioners who hold prelim- 
inary examinations in cases of persons charged with crime 
against the United States. These officers do a work corre- 
sponding to that of the justice of peace in cases of serious 
crime— examine and commit to prison the person against 
whom sufficient evidence of crime has been brought. The 
person is then held till the case can come before a grand jury, 
and a district or circuit court of the United States. 

Besides the supreme court, circuit and district courts and 
United States commissioners, there is a court of claims, in 
which claims against the United States are heard and adjusted. 
There are also courts for the government of territories, and 
the District of Columbia. 

The judges in Iowa are all elected by popular vote, for a 
term of years, two being the shortest and six the longest term. 
United States judges, commissioners, marshals, clerks, and all 
who have anything to do with judicial work are appointed. 
The judges are appointed for life, or during good behavior. 

All together, those who serve and receive pay from the 
United States government in all departments during each 



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year, are about one hundred thousand, not including the army 
and navy. Of these, all except congressmen, president and 
vice-president are appointed or hired. There is thus a great 
army of officials and employes dependent upon the govern- 
ment. Since 1829, it has been customary, to appoint to office 
only the members of the political party which has succeeded 
in electing the president. Under this system, our presidential 
elections become a contest, not for one place of trust and 
profit, but for a hundred thousand. If one candidate is elected, 
a hundred thousand men are in danger of losing their places; 
an opposite result disappoints a hundred thousand more, who 
expect to get desirable positions. Two hundred thousand men 
have a personal and pecuniary interest in the results of a presi- 
dential election. With political parties almost equally divided, 
the change of a few hundred votes will sometimes determine 
the result; and, as there are already thousands actuated by 
pecuniary and personal considerations, the temptation is very 
strong to extend pecuniary considerations to the few hundreds 
more necessary to secure the prize. While we had as a polit- 
ical issue an institution which involved the ownership of four 
millions of slaves, the contest for office was overshadowed by 
a real political question. But with the disappearance of this 
overshadowing issue, the contest between political parties be- 
comes more and more a contest for the personal and pecuniary 
advantages of office. Political questions hold a secondary 
place, and are often put forward as mere mask. In such a 
contest, the most unscrupulous enjoy great advantages. 

In our state elections, each office stands on its own merits. 
There are usually just two men who have a personal and 
pecuniary interest in the result of the election to each office. 
The prize is just what it seems to be, an office and a salary, 
nothing more. In such an election, personal and pecuniary 
considerations have little effect on the election. Voters are 
influenced by political questions. Candidates have no patron- 
age to offer. They promise, instead, some public advantage, 
some improvement in the government. The overpowering 
personal and pecuniary influences can be removed from our 
national elections by ceasing to treat the thousands of offices 
as a political prize— that is, by filling the offices with sole ref- 
erence to fitness for the duties. This was the policy intro- 
duced by Washington, and continued with little modification 
till Jackson inaugurated the spoils system. 



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Thus far, nothing has been said of our written constitutions. 
Those who are familiar with the facts of state and national 
government have already mastered a large part of these con- 
stitutions. These documents simply say that the various de- 
partments of government shall exist, and the various officers 
shall do the things which they are seen to be doing. These 
constitutions also forbid the government to do certain things 
which the people who ratified them feared that the govern- 
ment might do, to the injury of the people, if they were not 
expressly forbidden. The national constitution forbids cer- 
tain things to the states ; it confers certain powers upon the 
United States government. It is understood that the state 
government has a right to perform any act of government not 
forbidden in the national or state constitution, and that the 
national government has no right to interfere with the state 
in the exercise of its constitutional powers. 

Questions of constitutional law and interpretation should 
not be introduced until after a thorough mastery of the facts 
of government. Our written constitutions are the outgrowth 
of long-established habits of government. Thousands of years 
before written constitutions were thought of, the Saxon race 
had a habit of attending to their own local affairs. When you 
begin the study of town and township government, you reach 
at once what is in reality oldest and most fundamental in our 
constitution. Out of this habit of local self-government, so 
firmly fixed that no tyrant could ever destroy it, has come the 
power of the people in national government. The national 
government and national constitution is understood, when it 
is approached step by step from local government. The at- 
tempt to reverse this order, leads to confusion and error. 



